In Weld County, when a person under the age of 21 is caught with alcohol in their possession, or if they consumed alcohol, they can be charged with a Minor in Possession Charge (MIP). Look below for 4 things you should know about MIP cases. And, having Weld County’s top attorneys involved in your or your child’s case may get charges dismissed or an attractive plea bargain. So give our Greeley firm’s defense attorneys a call. If your child is facing an MIP charge in Fort Collins, get help here.
#1 What is the Definition of a Minor in Possession Charge, C.R.S. 18-13-122, in Greeley, Colorado?
The definition of Minor in Possession, located at 18-13-122, in Greeley is:
(b) Except as described by section 14 of article XVIII of the Colorado constitution and section 18-18-406.3, a person under twenty-one years of age who possesses one ounce or less of marijuana or consumes marijuana anywhere in the state of Colorado, commits illegal possession or consumption of marijuana by an underage person. Illegal possession or consumption of marijuana by an underage person is a strict liability offense.
(c) Except as described by section 14 of article XVIII of the Colorado constitution and section 18-18-406.3, a person under twenty-one years of age who possesses marijuana paraphernalia anywhere in the State of Colorado and knows or reasonably should know that the drug paraphernalia could be used in circumstances in violation of the laws of this state, commits illegal possession of marijuana paraphernalia by an underage person. Illegal possession of marijuana paraphernalia by an underage person is a strict liability offense.
This definition simply means that it is illegal for a person under 21 years of age in Colorado to possess or consume most alcoholic beverages like beer, wine, liquor or anything with ethyl alcohol, marijuana, or drug paraphernalia. An MIP charge is a strict liability offense.
#2 What is Strict Liability Offense in Weld County
In Weld County Strict Liability Offense are when the prosecution does not need to prove that you knew what you were doing – but just that you committed a crime. This means that they just must prove that the act you did broke the law, unlike other criminal charges where the prosecution needs to prove the defendant’s state of mind (like Knowingly or Intentionally). While Strict Liability crimes are difficult to defend against, many are minor. Even though they can have minor penalties, having a top criminal defense attorney defend against the charge is important for the outcome of your case and keeping your criminal record clean.
#3 Sentence and Penalties of an MIP in Greeley, Colorado
The sentence for an unclassified petty offense like an MIP conviction, carries no jail. Instead, this law focuses on treatment, education, and fines. With a knowledgeable defense attorney’s help a defendant can often get MIP charges dismissed by completing a diversion program. To learn more click here.
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#4 In Weld County, Can a Minor in Possession Conviction Be Sealed or Dismissed?
The simple answer is yes to both. In Weld County, a Minor in Possession conviction can be dismissed or sealed. The more in depth answer is that the case can be dismissed if the defendant enters a diversion program or deferred judgment, and successfully completes the program requirements. A first time MIP conviction is sealed automatically after the case ends. A subsequent MIP can be sealed after one year. However, it is not automatic and needs to be requested by the defendant after they’ve done all that was asked of them, including that they abstain from alcohol.
Has your minor child been charged with Minor in Possession charge? Be smart, and do not let them talk to the Greeley Police. Instead, have them remain silent and contact the best Greeley criminal defense lawyers from the O’Malley Law Office at 970-616-6009 today. Together, we can protect your child’s future.
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